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[Cites 4, Cited by 8]

Allahabad High Court

Bal Govind Patel Smarak Degree College ... vs State Of U.P. And 2 Others on 20 December, 2022

Author: Salil Kumar Rai

Bench: Salil Kumar Rai





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 35
 

 
Case :- WRIT - C No. - 37399 of 2022
 
Petitioner :- Bal Govind Patel Smarak Degree College And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vishakha Pande,Abhishek Srivastava,Ramesh Chandra Tiwari,Sr. Advocate
 
Counsel for Respondent :- C.S.C.,Agarwal Archi Piyush
 

 
With 
 
Case :- WRIT - C No. - 37384 of 2022
 
Petitioner :- C/M B.B.S. Public Decree College
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Saurabh Basu,Daya Shankar Singh
 
Counsel for Respondent :- C.S.C.,Vivek Kumar Rai
 
With 
 
Case :- WRIT - C No. - 37581 of 2022
 
Petitioner :- C/M Ram Kripal Mahavidyalaya
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Daya Shankar Singh,Saurabh Basu
 
Counsel for Respondent :- C.S.C.,Vivek Kumar Rai
 
With  
 
Case :- WRIT - C No. - 37749 of 2022
 
Petitioner :- C/M Mohatarma Jainab Heera Mahavidyalaya And Another
 
Respondent :- The State Of U.P. And 2 Others
 
Counsel for Petitioner :- Aniruddha Ojha,Shivendu Ojha,Sr. Advocate
 
Counsel for Respondent :- C.S.C.,Rohit Pandey
 
With  
 
Case :- WRIT - C No. - 37889 of 2022
 
Petitioner :- Vrindavan Lal Jain Ramsahai Rawat Educational College
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Premnendra Singh,Sr. Advocate,Vishakha Pande
 
Counsel for Respondent :- C.S.C.,Rohit Pandey
 
With  
 
Case :- WRIT - C No. - 37893 of 2022
 
Petitioner :- Committee Of Management Pandit Kaushal Kishor Awasthi Degree College, Auraiya And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Sankalp Narain,Samarath Singh
 
Counsel for Respondent :- C.S.C.,Rohit Pandey
 
With  
 
Case :- WRIT - C No. - 38210 of 2022
 
Petitioner :- Manyawar Kashi Ram Mahavidyalaya And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ramesh Chandra Tiwari,Hritudhwaj Pratap Sahi,Sr. Advocate
 
Counsel for Respondent :- C.S.C.,Pratik Chandra
 

 
With  
 
Case :- WRIT - C No. - 38347 of 2022
 
Petitioner :- Law College Of Allahabad
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ashok Kumar Dwivedi
 
Counsel for Respondent :- C.S.C,Pratik Chandra
 
With  
 
Case :- WRIT - C No. - 38396 of 2022
 
Petitioner :- Purushottam Sriram Degree College And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bhuvaneshwar Singh,Archana Tiwari,Ramesh Chandra Tiwari
 
Counsel for Respondent :- C.S.C.,Rohit Pandey
 
With  
 
Case :- WRIT - C No. - 38471 of 2022
 
Petitioner :- Sarla Devi Sri Ram Girls Degree College
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Mohd Javed Akhter,Harshit Srivastava,Kartikeya Saran
 
Counsel for Respondent :- C.S.C,Agarwal Archi Piyush
 
With  
 
Case :- WRIT - C No. - 38544 of 2022
 
Petitioner :- Rustam Degree College
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Awadhesh Kumar,Harshit Srivastava,Kartikeya Saran
 
Counsel for Respondent :- C.S.C.,Agarwal Archi Piyush
 
With  
 
Case :- WRIT - C No. - 38999 of 2022
 
Petitioner :- Sri Doodh Nath Sarvoday Law College
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Hare Ram
 
Counsel for Respondent :- C.S.C.,Rohit Pandey
 
Hon'ble Salil Kumar Rai,J.
 

1. Heard counsel for the petitioners, Sri Ajeet Kumar Singh, Senior Advocate assisted by Sri Vivek Kumar Rai, Sri Pratik Chandra, Ms. Archi Agarwal, Mr. Shashi Prakash Rai and Sri Srinath Dwivedi, counsel for Prof. Rajendra Singh (Rajju Bhaiya) State University, Prayagraj and other Universities impleaded as respondents as well as the Standing counsel for the State Government.

2. The Standing Counsel and the counsel for the Universities have obtained instructions from the State Government and the concerned Universities and the case is being heard without calling for a counter affidavit on the basis of the instructions received by the counsel for the respondents and after considering the different documents and Government Orders, which were handed-over to the Court during the hearing.

3. The present bunch of petitions have been filed by the Committee of Managements of private educational institutions, in effect, praying for a mandamus commanding the respondents-State Universities to grant affiliation for the academic session 2022-23. The Universities arrayed as respondents in the present petitions are governed by the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act, 1973). As the issues arising in all the petitions are the same, the petitions have been clubbed together by the Court and have been heard jointly and are being decided by a common order.

4. It is relevant to note at this stage that the affiliation sought by the Institutions who are Degree Colleges affiliated to different State Universities are not for B.Ed. and D.EL.Ed courses or for any other courses covered under the National Council for Technical Education Act or the National Council for Teachers Education Act.

5. The Institutions, except the institution involved in Writ Petition No. 37893 of 2022, were granted provisional affiliation for undergraduate and postgraduate courses with the respondent-Universities till the Academic Session 2021-22. The Institutions applied for affiliation for the academic session 2022-23 and also for permanent affiliation from the academic session 2023-24. The Institutions, except the institution involved in Writ Petition No. 38396 of 2022, have been granted permanent or provisional affiliation for the academic Session 2023-24, but have not been granted affiliation for the academic session 2022-23 on the ground that either the institutions were not inspected within the required time or the inspection reports as required under the relevant Government Orders had not been uploaded on the website of the Universities or the State Government by the date fixed in the Government Orders, i.e., Government Order dated 27th of October, 2021 as subsequently amended by the Government Orders dated 12th of April, 2022 and 23rd of May, 2022. The institution in Writ Petition No. 38396 of 2022 was affiliated to the concerned University from the academic session 2017-18 to 2021-22 but no orders have yet been passed regarding affiliation for the academic sessions 2022-23 or 2023-24. The Institution in Writ Petition No. 37893 of 2022 has been granted affiliation for the academic session 2023-24 but not for academic session 2022-23.

6. The applications of the petitioners-Institutions for being granted affiliation have either been expressly rejected through order passed by the Registrar of the Universities in August, 2022 or no orders have yet been passed by the Universities communicating their decision either to reject or accept the applications filed by the Institutions for affiliation. In Writ Petition No. 37399 of 2022, an order no. 548 dated 8th of August, 2022 passed by the Registrar of Prof. Rajendra Singh (Rajju Bhaiya) University, Prayagraj appending a list of 113 Institutions whose application for affiliation for the academic session 2022-23 has been rejected has been annexed. Some of the petitioners in the present bunch of petitions are included in the list appended with the order dated 8th of August, 2022. Kanpur and Bundelkhand University have not passed any orders rejecting application for affiliation but the Universities plead that in view of the fact that the last date fixed in the Government Orders has already expired, no affiliation can now be granted to the institutions for the academic session 2022-23. However, it is the admitted case of the State and the Universities that affiliation could not be granted because the same was not considered by the University in view of the fact that either the colleges had not been inspected by the Inspection Teams or the inspection reports were not uploaded on the website of the University by the required date.

7. At this stage, it would be appropriate to refer to the different Government Orders relevant in the present cases and noted earlier. The Government Order dated 27th of October, 2021 provided the time schedule for completing the formalities before private educational institutions are admitted to affiliation by the Universities. The Government Order provides that 'No Objection Certificate' was to be issued online by 15th of February, 2022 and the Inspection Teams to inspect the Institutions were to be constituted by 28th of February, 2022. The Inspection Team was to be constituted by the concerned Universities and did not include any teacher or other employee of the educational institution which was to be inspected by the Inspection Team. The Government Order dated 27th of October, 2021 also provides that action would be taken against the members of the Inspection Teams if the institutions/colleges are not inspected within the time prescribed in the Government Orders. The Government Orders further provide that the Inspection Teams shall upload their report by 31st March, of 2022 and in case any member does not co-operate in the inspection or in uploading the inspection report, action would be taken against such member. The said date was subsequently extended by different Government Orders to 14th of May, 2022. The Government Order dated 27th of October, 2021 also fixed 15th of April, 2022 as the date, by which the University had to pass an order granting affiliation to the educational institution. Subsequently, by Government Order dated 23rd of May, 2022, the time to grant affiliation was extended upto 30th of May, 2022.

8. It would be relevant to note that the Government Orders also stipulate appeals being filed against the orders rejecting the applications for affiliation. Section 37(11) of the Act, 1973 provides for appeal against an order rejecting the application for affiliation and the limitation for filing the appeal is 30 days. However, through Government Order dated 29th of November, 2022, the State Government has expressed its opinion that no affiliation can be granted after 30.5.2022 and the students admitted in the Institutions are to be transferred to other institutions. In light of the stand taken by the State Government in Government Order dated 29.11.2022, no purpose would be served to relegate the petitioners to avail the remedy of appeal because the State Government has already decided the issue.

9. It has been argued by counsel for the petitioners that the Government Order dated 27th of October, 2021 is applicable only to newly established Degree Colleges and Institutions and not on the Degree Colleges and Institutions which had come in existence before the Government Order dated 27th of October, 2021 or had been granted provisional affiliation for different academic sessions before the Government Order dated 27th of October, 2021. It was argued that for the aforesaid reason, the stand of the University that no affiliation could be granted beyond the time prescribed in the Government Orders was not correct and was unreasonable. It was further argued that the petitioners had filed their applications for inspection within the time prescribed in the Government Orders and any delay or failure by the Inspection Teams to inspect the Institutions or in uploading the inspection reports was not due to any fault of the Institutions but was due to the fault of the Inspection Teams constituted by the Universities. It was argued that the Institutions cannot be denied affiliation because of the fault of the Universities or of the Inspection Teams against which the Universities and the State Government have the power to institute penal proceedings as provided in the Government Orders. It was further argued that the Institutions had been granted provisional affiliation till the academic session 2021-22 and have been granted permanent or provisional affiliation for the Academic Session 2023-24. It was argued that the fact that the Institutions have been granted affiliation for the academic session 2023-24 by different orders passed by the Universities in September, 2022 itself indicates that the institutions fulfill the requirement for grant of affiliation and, therefore, the decision of the Universities in not granting affiliation to the Institutions for the academic session 2022-23 is perverse and arbitrary. It was argued that in the aforesaid circumstances, the order dated 8th of August, 2022 passed by the Registrar of Prof. Rajendra Singh (Rajju Bhaiya) University, Prayagraj and the Government Order dated 29.11.2022 are liable to be set aside and the Universities are to be directed to grant affiliation to the petitioners-Institutions for the academic session 2022-23. In support of their contention, counsel for the petitioners have relied on the judgment of the Superme Court reported in Devendra Pathak Sarvodaya College of Education Vs. National Council for Teacher Education (2021) 4 AWC 3747.

10. Rebutting the argument of the counsel for the petitioners, the Standing Counsel and the Counsel for the Universities have argued that as evident from the order dated 8th of August, 2022, the Institutions could not be inspected because the petitioners did not take any interest in getting the Institutions inspected in time and, therefore, the inspection report could not be uploaded on the website of the University by the time fixed in the Government Orders. It was further argued that half of the academic session is already over and, therefore, no purpose would be served to grant affiliation to the Institutions for the academic session 2022-23 and in case the Institutions have already admitted some students, the said admissions are in violation of Section 37(2) Proviso-II of the Act, 1973 and the petitioners/Institutions can not claim affiliation on the said ground. In support of their contention, the counsel for the Universities and the State Government have relied on the judgment of the Supreme Court reported in Committee of Management Anuragi Devi Degree College and Others Vs. State of U.P. and Others (2016) 12 SCC 517 and of the Division Bench of this Court reported in Anuragi Devi Degree College and Others Vs. State of U.P. and Others MANU/UP/3017/2015. It was argued that the petitions lack merit and are liable to dismissed.

11. I have considered the submissions of the counsel for the parties.

12. It would be appropriate to note that the State Government or the Universities do not deny that in the present cases, the Institutions had applied for inspection by the date fixed in the Government Orders and also do not deny that the Institutions were admitted to affiliation for the academic session 2021-22 or have been granted affiliation for academic session 2023-24.

13. A reading of the Government Order dated 27th of October, 2021 which initially prescribed the time schedule for completing the formalities before any educational institution is admitted to affiliation by the Universities indicates that it was the Universities who were obligated to ensure that the institutions were inspected by the date fixed and Secretary of the Inspection Team has been obligated to upload the inspection report on the website of the University by the last date fixed. The Government Order dated 27th of October, 2021 also records (at item nos. 4 and 5) that appropriate action would be taken against the members of the Inspection Team for their non-performance or non-cooperation. The Government Order does not indicate that any steps, except filing an application, is to be taken by the educational institutions for getting the institutions inspected. A perusal of the Government Order dated 27th of October, 2021 shows that after 'No Objection Certificate' are issued by the Competent Authority, which is the University in the present cases, the institutions are required to file an application for inspection by the date fixed in the Government Orders. It is not the case of the Universities or the State Governments that any of the present Institutions did not file the application for inspection by the date fixed in the Government Orders. Apparently, the date for inspecting the Institution had to be fixed either by the Inspection Teams or the University and the said date had to be communicated to the concerned Institutions. The Institutions are supposed to make their premises/campus available for inspection by the Inspection Teams on the date fixed. The Institutions can not be expected to do anything more. If the Institutions do not co-operate with the Inspection Teams or do not facilitate inspection of the Institution on the date fixed by the Inspection Team, a report to the said effect is supposed to be submitted by the Inspection Teams by the date fixed in the Government Orders for submission of inspection report.

14. Item no.5 of the Government Order requires that inspection report had to be submitted by the Inspection Team by 14th of May of 2022. In case, the Institutions did not co-operate with the Inspection Team by not making their premises available for inspection or by any other method, the Inspection Teams should have submitted their report indicating that the Institutions could not be inspected within the time fixed because the Institutions either did not permit inspection or did not co-operate with the Inspection Team and did not facilitate the inspection of the Institutions. On a specific query made to the counsel of the Universities and the State Government as to whether any such report had been filed by the Inspection Teams or any such report had been uploaded on the website of the Universities, the counsel for the Universities and the State Government have stated that no such report had been submitted by the Inspection Teams which could indicate that the Institutions could not be inspected by the date fixed because of non co-operation of the concerned Institution. It is also pertinent to note that the respondent-Universities have also not produced any document which could show that the Inspection Teams had fixed any date for inspection and the said dates had been communicated to the Institutions.

15. However, it was argued by counsel for the respondents that the concerned Institutions never intimated to the Universities that the Inspection Teams were not inspecting the Institutions so as to enable the University to take remedial measures for the purpose. A similar recital appears to have been made in the order dated 8th of August, 2022, wherein, the Registrar of the University notes that the Institutions did not take any interest in getting the Institutions inspected by the Inspection Teams constituted by the University.

16. The argument of the counsel for the respondents and the reason given in the order dated 8.8.2022 to justify the refusal of the University to grant affiliations to the Institutions cannot be accepted.

17. As noted earlier, a reading of the Government Orders does not indicate that any step, other than filing an application for inspection, had to be taken by the Institutions to get the Institutions inspected. The Institutions could not have reported to the Universities the failure of the Inspection Team before the last date fixed for inspection or for uploading the inspection report. In any case said intimation by the Institutions would have been futile as no inspection could have been done by the Inspection Teams after the date fixed in the Government Order. The date for inspection was not to be fixed by the institutions and after filing their application, the Institutions are only expected to cooperate in the inspection by making their premises and the necessary records available to the inspection teams on the dates fixed either by the Universities or the inspection teams. It is difficult to conceive as to what other lawful steps could be taken by the Institutions to indicate their interest in getting the Institutions inspected. The argument has no logic and is rejected.

18. It is apparent that the present situation has arisen because of the negligence and indifferent attitude of the members of the Inspection Teams and not because of the petitioners-institutions. The argument raised by the counsel for the Universities and the State Government is only an attempt to shift the blame on the institutions for the negligence and irresponsible behaviour of the Inspection Teams. The facts as have been brought to the notice of the Court do not reveal any fault on the part of the petitioners in getting the Institutions inspected.

19. At this stage, it would be relevant to the note that it is not for the first time that such a situation has come before this Court where educational institutions desiring affiliation with different Universities had approached this Court challenging refusals to grant affiliation to them because the Institutions were not inspected by the date fixed in the Government Orders. A similar situation was earlier brought to the notice of this Court in Writ Petition No. 68990 of 2015, wherein this Court had taken a strict view regarding the failure of the Universities in getting the Institutions inspected within time. Consequently, Government Order dated 12th of May, 2016 was issued which took note of the failure of Universities in getting the Institutions inspected on time. The Government Order notes that the negligence on the part of the Universities and the Inspection Teams in inspecting the Colleges within time caused hardships to the Colleges and its students and also results in unnecessary litigation. The Government Order also notes that the responsibility for inspection and to upload the inspection report within time was of the Inspection Team and not of the concerned Institutions.

20. At this stage, it would be relevant to refer to the facts of Writ Petition No. 38471 of 2022. The facts of Writ Petition No. 38471 of 2022 disclose the casual manner in which the Inspection Teams constituted by the Universities' work. In this case, the Institution was inspected on 1.5.2022, i.e., within time, and the inspection report was submitted offline and uploaded on the website of the University by the Institution itself on 9.5.2022. However, the Inspection Team did not upload the inspection report by the date fixed in the Government Orders and for the said reason, affiliation to the Institution has not been granted. Similarly, in Writ Petition No. 38544 of 2022, the concerned Institution was inspected on 28th of May, 2022 and the inspection report was prepared on 30.5.2022 but the inspection report was not uploaded by the Inspection Team. The aforesaid shows that the recital in the Order dated 8th of August, 2022 that the Institutions had not taken any interest in getting the inspection done within time are not correct.

21. The facts brought on record reveal a deplorable state of affairs in the Universities in the State of Uttar Pradesh in matters of affiliation. The facts indicate a callous approach by the Universities and the Inspection Teams constituted by the Universities. The State Government or the Universities have not brought anything on record to show that the officers of the Universities, which include the Vice-Chancellors and the Registrars, took any step to ensure that the institutions are inspected and the inspection report is uploaded on the website of the University within time or if the institutions did not co-operate with the inspection teams by making their premises or necessary records available for inspection then a report intimating the non-cooperation be submitted by the inspection teams. Evidently, in the present cases, it was the members of the Inspection Teams who failed in their duty to inspect the institutions or submit a report by the date fixed. It has been noted earlier that in case the Institutions had not co-operated in inspection, the Inspection Team was still supposed to submit its report intimating the aforesaid fact. However, it is also noted that it is not the case of the Universities or the State Government that the Institutions had not co-operated with Inspection Teams or that the Inspection Teams had intimated the dates on which the colleges were to be inspected. Evidently any delay in either inspecting the institutions or in uploading the inspection report or non-inspection of the Institutions is due to the carelessness of the Universities and the Inspection Teams constituted by the Universities and not the petitioners-institutions. The petitioners cannot be blamed or made to suffer for the callous approach of the University. The University has apparently acted arbitrarily and also perversely in denying the Institutions affiliation for the academic session 2022-23.

22. The other question that arises in the present petitions is as to whether, the Institutions are entitled to grant of affiliation even though they may not be responsible for the fact that requisite formalities had not been completed by the date fixed in the Government Orders.

23. It is the admitted case of the Universities and the State Government that the petitioners, except in Writ Petition No. 37893 of 2022, had been granted provisional affiliation till the academic session 2021-22 and, except in Writ Petition No. 38396 of 2022, have also been granted provisional or permanent affiliation for the academic session 2023-24. It is also not denied by the respondents that in all cases including Writ Petition No. 37893 of 2022 and Writ Petition No. 38396 of 2022, the applications for affiliation had been filed within time. The Institution in Writ Petition No. 38396 of 2022 was affiliated to the University from 2017 to 2022 and the Institution in Writ Petition No. 37893 of 2022 has been granted affiliation for the academic session 2023-24.

24. Proviso-II of Section 37(2) of the Act, 1973 provides that if in the opinion of the State Government, a college substantially fulfills the conditions of affiliation, the State Government may sanction grant of affiliation or enlarge the privileges thereof in specific subjects for one term of a course of study on such terms and conditions as it may deem fit. For a ready perusal Section 37(2) of the Act, 1973 is reproduced below:

"The Executive Council may admit any college, which fulfills such conditions as may be prescribed, to the privilege of affiliation or enlarge the privileges of any college already affiliated or subject to the provisions of sub-section(8) withdraw or curtail any such privilege:] [Provided that if in the opinion of the [State Government], a college substantially fulfills the conditions of affiliation, the [State Government], may sanction grant of affiliation to that college or enlarge the privileges thereof in specific subjects for one term of a course of study on such terms and conditions as he may deem fit:
[Provided further that unless all the prescribed conditions of affiliation are fulfilled by a college, it shall not admit any student in the first year of the course of study for which affiliation is granted under the foregoing proviso after one year from the date of commencement of such affiliation.]"

25. The fact that the Institutions had been granted affiliation till academic session 2021-22 or have been granted affiliation for academic session 2023-24, indicates that on date the petitioners-Institutions substantially fulfill the conditions of affiliation as required by the Universities and the State Government.

26. In Devendra Pathak (supra), the Supreme Court while modifying the cut-off date for affiliation of colleges running B.Ed. and D.EL.Ed courses held that there was no reason to deny recognition for the academic session 2021-22 to the concerned College which had been granted recognition for the academic session 2022-23 but not 2021-22. The relevant observations of the Supreme Court are reproduced below:-

"34. After arriving at such a satisfaction, we are of the view that there can be no rational for NCTE or its Regional Committee to deny the recognition from the Academic Year 2021-22 and insist on recognition for Academic Session 2022-23. It is not in dispute that the counselling for admission is yet to commence. Insofar as the timeline prescribed in the judgment of this Court in the case of Maa Vaishno Devi Mahila Mahavidyalaya (supra) is concerned, this Court itself in catena of orders placed on record has modified the timeline fixed therein. We find that same course needs to be followed in the present matter, particularly, when the delay is not attributable to the petitioners, but, on the contrary to NCTE or its Regional Committees."

(Emphasis added)

27. So far as the argument of the counsel for the Universities and the State Government that the petitioners Institutions could not admit students in the Colleges because of the prohibition contained in Section 37(2) Proviso-II is concerned, the same cannot be a ground to deny affiliation to the Institutions inasmuch as the Government Order dated 29th of November, 2022 itself regularizes the admission of the students admitted by the petitioners-Institutions.

28. In view of the aforesaid it would be just and appropriate that all institutions/petitioners who had applied for inspection within time and were either affiliated to the Universities till the academic session 2021-22 or have been granted affiliation for the academic session 2023-24 are granted affiliation for the academic session 2022-23.

29. For the aforesaid reasons, the order dated 8th of August, 2022 so far as it denies affiliation to Institutions which had been granted recognition for the academic session 2021-2022 or have been granted affiliation for the academic session 2023-24 as well as the Government Order dated 29.11.2022 are arbitrary and unreasonable and are liable to be quashed. The Order dated 8th of August, 2022 and the Government Order dated 29.11.2022 are, hereby, quashed.

30. It is directed that the respondent-Universities shall issue appropriate orders granting affiliation to the petitioners-Institutions for academic session 2022-23 within ten days from today.

31. At this stage it is also relevant to clarify that certain Institutions which had earlier approached this Court were relegated to the alternative remedy of filing Reference before the Chancellor under Section 68 of the Act, 1973. The said orders were passed because the amendment of 2014 incorporating Section 37(11) in the Act, 1973 and the Government Order dated 29th of November, 2022 were not brought to the notice of the Court by the counsel for the parties in the said cases. In view of the aforesaid, it is clarified that the present order shall also apply on such Institutions if they had applied for inspection within time and had been granted affiliation for the academic session 2021-22 or have been admitted to affiliation for the academic session 2023-24, irrespective of the fact that their petitions had been previously dismissed by this Court on ground of alternative remedy.

32. It is further clarified that the present order or any observation made hereinbefore shall not be an impediment, if after admitting the Institutions to affiliation as directed in the present order, the Executive Council of the Universities or the State Government decide to withdraw or curtail the extent of affiliation to any Institution in exercise of their powers under Sections 37(8) and 37(9) of the Act, 1973 and in the situations contemplated in the aforesaid Provisions.

33. With the aforesaid observations and directions, the petitions are allowed.

Order Date :- 20.12.2022/CS/-, Anurag/-